What was Tenancy Tribunal case 5033292 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5033292?

Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,150.00 awarded to landlord; Carpet: $150.00 awarded to landlord; Hole In Wall: $60.00 awarded to landlord; Water Rates: $2,318.35 awarded to landlord

What type of tenancy dispute was case 5033292?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 5033292?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11868625-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 5033292 about?

The tribunal order states: An application for suppression has been made in this case, and the Tribunal

How much money was awarded in case 5033292?

Cleaning: $200.00 awarded to landlord; Filing Fee: $27.00 awarded to landlord; Rent Arrears: $3,150.00 awarded to landlord; Carpet: $150.00 awarded to landlord; Hole In Wall: $60.00 awarded to landlord; Water Rates: $2,318.35 awarded to landlord

What type of tenancy dispute was case 5033292?

The primary dispute was Rent arrears. Related themes: Property damage, Cleanliness.

Where can I read the official tribunal order for case 5033292?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11868625-Tribunal_Order_Redacted.pdf.

49 Aarts Avenue, Manurewa, Auckland 2102 Tenancy Tribunal Case 5033292 — Rent arrears

Claims and awards in Tenancy Tribunal application 5033292 — net $2,905.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 October 2024	$3,150.00	Rent arrears to 14 October 2024
Water rates	$2,318.35	Water rates
Cleaning	$200.00	gs that were left behind by the tenant, including large furniture items, I find $200.00 to be reasonable.
Repairs: hole in wall	$60.00	Repairs: hole in wall
Repairs: carpet	$150.00	Repairs: carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,905.35
Total payable by Tenant to Landlord	$2,905.35

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Fono Sione must pay [The landlord/s] $2,905.35 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

RENT ARREARS

The tenancy ended on 14 October 2024. The landlord submitted a rent summary, which proves rent arrears were $3,150.00 up to this date.
The landlord’s claim for rent arrears is granted for $3,150.00.

WATER RATES

The landlord seeks $2,318.35 in unpaid water rates invoices issued throughout the tenancy.
The landlord submitted original water rates invoices from Watercare, which prove the tenant owes $2,318.35 in unpaid water rates.
Some of the water rates invoices are relatively high. In particular, the invoice dated 14 November 2023 is for $1,049.31. The landlord gave evidence that they enquired about the cost of some of the water rates invoices with the tenant who advised them that approximately 12 – 15 people were living at the property at any one time. Further, the tenant regularly hosted large weekly church gatherings. The landlord gave evidence that there was never a water leak and the high invoices reflect the high water usage by the people living or being hosted by the tenant at the tenancy address.
The landlord’s claim for unpaid water rates invoices is granted for $2,318.35. DID THE TENANT COMPLY WITH THEIR OBLIGATIONS AT THE END OF THE

TENANCY?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord gave evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord submitted photographs taken at the end of the tenancy. One of the photographs shows a bedroom with a bed base, mattress, linen and other belongings left behind by the tenant. The landlord gave evidence that the state of this bedroom was indicative of the condition of the entire property at the end of the tenancy. The landlord gave evidence that approximately 3 – 4 mattresses were left outside the property, as well as a bed base and other miscellaneous household items.
The landlord undertook cleaning and rubbish removal themselves. They gave evidence that it took two of them more than 4 hours to clean and remove rubbish. The landlord seeks $200.00 in compensation for their time and labour.
Considering the state of the property at the end of the tenancy and the type of belongings that were left behind by the tenant, including large furniture items, I find $200.00 to be reasonable.
The landlord’s claim for cleaning and rubbish removal is granted for $200.00.

DAMAGE

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord gave evidence that the following damage occurred during the tenancy: a. Hole in a bedroom wall b. Ripped and stained carpet
The landlord submitted photographs of the bedroom wall, which show a hole in it.
The landlord also submitted photographs of the carpet, which show white stains to the carpet in the bedroom and rips to the carpet on the stairs joining the living and dining room.
The landlord did not submit photographs of the property from the beginning of the tenancy, but gave evidence that the walls and carpet were not damaged at the beginning of the tenancy. In the absence of any evidence to the contrary, I accept the landlord’s evidence on this point.
The damage to the wall and carpet is more than fair wear and tear and the tenancy has not disproved liability.
The landlord gave evidence that they repaired the hole in the wall themselves. They did not submit any receipts and only seek $60.00 in compensation for their time and labour. I accept the landlord’s evidence and consider the amount sought to be reasonable. The landlord’s claim for compensation to repair the hole in the wall is granted for $60.00.
The landlord has not repaired or replaced the carpet and seeks $500.00 in compensation to reflect the diminution in value. The landlord gave evidence that they purchased the property in 2022 with the carpet in it. The landlord does not know how old the carpet is.
I accept the landlord has suffered a loss in terms of the diminution in value to the carpet as a result of the damage caused by the tenant however, the landlord has not proven that this loss equates to $500.00. The landlord gave evidence that this figure was a “random estimate.”
The lifespan of residential carpet is generally 8 years according to the Inland Revenue Depreciation Rates IR265. In this case, the landlord does not know the age of the carpet. It was at least two years old when the tenancy ended, but could have been older. The landlord has not repaired or replaced the carpet and has re-tenanted the property.
The Tribunal must exercise its jurisdiction in a manner that promotes the fair and expeditious resolution of disputes. 1 I consider it fair and reasonable that the tenant pay the landlord $150.00 in compensation for the damaged carpet.
The landlord’s claim for compensation in relation to the carpet is granted for $150.00. FILING FEE & SUPPRESSION
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and grant their request for name suppression.

Claims and awards in Tenancy Tribunal application 5033292 — net $2,905.35 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 14 October 2024	$3,150.00	Rent arrears to 14 October 2024
Water rates	$2,318.35	Water rates
Cleaning	$200.00	gs that were left behind by the tenant, including large furniture items, I find $200.00 to be reasonable.
Repairs: hole in wall	$60.00	Repairs: hole in wall
Repairs: carpet	$150.00	Repairs: carpet
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$2,905.35
Total payable by Tenant to Landlord	$2,905.35

Order

An application for suppression has been made in this case, and the Tribunal orders suppression of the Landlord’s name and identifying details.
Fono Sione must pay [The landlord/s] $2,905.35 immediately, calculated as shown in table below.
The Bond Centre is to pay the bond of $3,000.00 ([Bond number suppressed]) to [The landlord/s] immediately.

Reasons

The landlord attended the hearing. The tenant did not.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
As the applicant, the landlord must prove their claim to the civil law standard of proof, on the balance of probabilities.

RENT ARREARS

The tenancy ended on 14 October 2024. The landlord submitted a rent summary, which proves rent arrears were $3,150.00 up to this date.
The landlord’s claim for rent arrears is granted for $3,150.00.

WATER RATES

The landlord seeks $2,318.35 in unpaid water rates invoices issued throughout the tenancy.
The landlord submitted original water rates invoices from Watercare, which prove the tenant owes $2,318.35 in unpaid water rates.
Some of the water rates invoices are relatively high. In particular, the invoice dated 14 November 2023 is for $1,049.31. The landlord gave evidence that they enquired about the cost of some of the water rates invoices with the tenant who advised them that approximately 12 – 15 people were living at the property at any one time. Further, the tenant regularly hosted large weekly church gatherings. The landlord gave evidence that there was never a water leak and the high invoices reflect the high water usage by the people living or being hosted by the tenant at the tenancy address.
The landlord’s claim for unpaid water rates invoices is granted for $2,318.35. DID THE TENANT COMPLY WITH THEIR OBLIGATIONS AT THE END OF THE

TENANCY?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The landlord gave evidence that the tenant did not leave the premises reasonably clean and tidy and did not remove all rubbish.
The landlord submitted photographs taken at the end of the tenancy. One of the photographs shows a bedroom with a bed base, mattress, linen and other belongings left behind by the tenant. The landlord gave evidence that the state of this bedroom was indicative of the condition of the entire property at the end of the tenancy. The landlord gave evidence that approximately 3 – 4 mattresses were left outside the property, as well as a bed base and other miscellaneous household items.
The landlord undertook cleaning and rubbish removal themselves. They gave evidence that it took two of them more than 4 hours to clean and remove rubbish. The landlord seeks $200.00 in compensation for their time and labour.
Considering the state of the property at the end of the tenancy and the type of belongings that were left behind by the tenant, including large furniture items, I find $200.00 to be reasonable.
The landlord’s claim for cleaning and rubbish removal is granted for $200.00.

DAMAGE

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord gave evidence that the following damage occurred during the tenancy: a. Hole in a bedroom wall b. Ripped and stained carpet
The landlord submitted photographs of the bedroom wall, which show a hole in it.
The landlord also submitted photographs of the carpet, which show white stains to the carpet in the bedroom and rips to the carpet on the stairs joining the living and dining room.
The landlord did not submit photographs of the property from the beginning of the tenancy, but gave evidence that the walls and carpet were not damaged at the beginning of the tenancy. In the absence of any evidence to the contrary, I accept the landlord’s evidence on this point.
The damage to the wall and carpet is more than fair wear and tear and the tenancy has not disproved liability.
The landlord gave evidence that they repaired the hole in the wall themselves. They did not submit any receipts and only seek $60.00 in compensation for their time and labour. I accept the landlord’s evidence and consider the amount sought to be reasonable. The landlord’s claim for compensation to repair the hole in the wall is granted for $60.00.
The landlord has not repaired or replaced the carpet and seeks $500.00 in compensation to reflect the diminution in value. The landlord gave evidence that they purchased the property in 2022 with the carpet in it. The landlord does not know how old the carpet is.
I accept the landlord has suffered a loss in terms of the diminution in value to the carpet as a result of the damage caused by the tenant however, the landlord has not proven that this loss equates to $500.00. The landlord gave evidence that this figure was a “random estimate.”
The lifespan of residential carpet is generally 8 years according to the Inland Revenue Depreciation Rates IR265. In this case, the landlord does not know the age of the carpet. It was at least two years old when the tenancy ended, but could have been older. The landlord has not repaired or replaced the carpet and has re-tenanted the property.
The Tribunal must exercise its jurisdiction in a manner that promotes the fair and expeditious resolution of disputes. 1 I consider it fair and reasonable that the tenant pay the landlord $150.00 in compensation for the damaged carpet.
The landlord’s claim for compensation in relation to the carpet is granted for $150.00. FILING FEE & SUPPRESSION
Because [The applicant/s] has wholly succeeded with the claim I must reimburse the filing fee and grant their request for name suppression.

Tenancy Tribunal case 5033292 — Rent arrears at 49 Aarts Avenue, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5033292 — Rent arrears at 49 Aarts Avenue, Manurewa, Auckland 2102

At a glance

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

WATER RATES

TENANCY?

DAMAGE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

RENT ARREARS

WATER RATES

TENANCY?

DAMAGE

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions